[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR3.104-5]



[Page 47]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 3_IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST--Table of Contents

 

                         Subpart 3.1_Safeguards

 

Sec. 3.104-5  Disqualification.



    (a) Contacts through agents or other intermediaries. Employment 

contacts between the employee and the offeror, that are conducted 

through agents, or other intermediaries, may require disqualification 

under 3.104-3(c)(1). These contacts may also require disqualification 

under other statutes and regulations. (See 3.104-2(b)(2).)

    (b) Disqualification notice. In addition to submitting the contact 

report required by 3.104-3(c)(1), an agency official who must disqualify 

himself or herself pursuant to 3.104-3(c)(1)(ii) must promptly submit 

written notice of disqualification from further participation in the 

procurement to the contracting officer, the source selection authority 

if other than the contracting officer, and the agency official's 

immediate supervisor. As a minimum, the notice must--

    (1) Identify the procurement;

    (2) Describe the nature of the agency official's participation in 

the procurement and specify the approximate dates or time period of 

participation; and

    (3) Identify the offeror and describe its interest in the 

procurement.

    (c) Resumption of participation in a procurement. (1) The official 

must remain disqualified until such time as the agency, at its sole and 

exclusive discretion, authorizes the official to resume participation in 

the procurement in accordance with 3.104-3(c)(1)(ii).

    (2) After the conditions of 3.104-3(c)(1)(ii)(A) or (B) have been 

met, the head of the contracting activity (HCA), after consultation with 

the agency ethics official, may authorize the disqualified official to 

resume participation in the procurement, or may determine that an 

additional disqualification period is necessary to protect the integrity 

of the procurement process. In determining the disqualification period, 

the HCA must consider any factors that create an appearance that the 

disqualified official acted without complete impartiality in the 

procurement. The HCA's reinstatement decision should be in writing.

    (3) Government officer or employee must also comply with the 

provisions of 18 U.S.C. 208 and 5 CFR part 2635 regarding any resumed 

participation in a procurement matter. Government officer or employee 

may not be reinstated to participate in a procurement matter affecting 

the financial interest of someone with whom the individual is seeking 

employment, unless the individual receives--

    (i) A waiver pursuant to 18 U.S.C. 208(b)(1) or (b)(3); or

    (ii) An authorization in accordance with the requirements of subpart 

F of 5 CFR part 2635.



[67 FR 13059, Mar. 20, 2002]